3.0 Overview | Military Compensation MRCA Manuals and Resources Library, Policy Manual, Ch 3 Liability

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3.0 Overview

This chapter provides delegates with information regarding the liability provisions of the Military Rehabilitation and Compensation Act 2004 (MRCA). Under the MRCA, liability is a situation in which the Commonwealth is legally responsible to pay compensation for certain damages incurred by a member or former member of the Australian Defence Force (ADF) or a dependant of that person.  Under the MRCA liability is accepted by the Military Rehabilitation and Compensation Commission (MRCC) where a claim for the acceptance of liability has been lodged for an injury, disease or death that is related to defence service, and where liability has not been excluded due to certain actions of the member or former member.  The acceptance of liability must be determined before any question of compensation can be answered.

This chapter is divided into six topics:

  • definitions;
  • heads of liability;
  • Statements of Principles (SoPs);
  • investigating a claim;
  • determining a claim; and
  • exclusions.